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SERAP v. Nigeria, Judgment, ECW/CCJ/APP/12/07; ECW/CCJ/JUD/07/10 (ECOWAS, Nov. 30, 2010)
defendant.
5. Die Applicant contends that this is not an isolated case but illustration of high level corruption
and theft of funds meant for primary education in Nigeria. The result is that Nigeria is unable to
attain the level of education that she deserves in that over five million Nigerian children have no
access to primary education, among others. The Applicant catalogued a number of factors that
have negatively affected the educational system of the country, including failure to train more
teachers, nonavailability of books and other teaching materials etc.
6. The charge against the first defendant is that she has "contributed to these problems by failing to
seriously address all allegations of corruption at the highest levels of government��and the levels of
impunity that facilitate corruption in Nigeria."
7. The result is that this has “contributed to the denial of the right of the peoples to freely dispose
of their natural wealth and resources, which is the backbone to the enjoyment of other economic
and social rights such as the right to education...... SERAP contends that the destruction of
Nigeria's natural resources through large scale corruption is the sole cause of the problems denying
the majority of the citizens access to quality education.”
8. PLEAS IN LAW
The Applicant quoted the provisions of Article 4(g) of the 1993 Revised Treaty of ECOWAS, as
well as Articles, 2, 17, 21 and 22 of the ACHPR and submitted that the first defendant has violated
the right to éducation, the right of the people not to be dispossessed of their wealth and natural
resources and the right of the people in economic and social development.
9. RELIEFS AND ORDERS SOUGHT
i A declaration that even Nigerian child is entitled to free and compulsory éducation by virtue of
Article 17 of the African Child's Rights Act, Section 15 of the Child's Rights Act 2003 and Section
2 of the Compulsory Free and Universal Basic Education Act 2004.
ii A declaration that the diversion of the sum of 3.5 billion naira from the UBE fund by certain
public officers in 10 states of the Federation of Nigeria is illegal and unconstitutional as it violates
Articles 21 and 22 of the ACHPR.
iii An order directing the defendants
to make adequate provisions for the compulsory and free
education of every child forthwith
to arrest and prosecute the public officers who diverted the
iv An order directing the defendants
sum of 3.5 billion naira from the UBE fund forthwith.
v An order compelling the government of Nigeria to fully recognize primary school teachers’ trade
union freedoms, and to solicit the views of teachers throughout the process of educational planning
and policymaking.
vi An order compelling the government of Nigeria to assess progress in the realization of the right
education with particular emphasis on the Universal Basic Education: appraise the obstacles,
including corruption, impeding access of Nigerian children to school; review the interpretation and
application of human rights obligations throughout the education process.
THE DEFENCE CASE
10. For their part, the defendants totally rejected the claims by the applicant. The defendants filed
separate statements wherein they identified some issues as being material to a determination of this
matter. The first defendant formulated three issues relating to the following: 1. The court's
jurisdiction over this matter. 2. Failure on the part of the applicant to exhaust local remedies before
coming to this court. 3. Failure by the applicant to establish their claims.
11. The second defendant set out a number of issues, namely: 1. Whether the second defendant is
the competent body to answer the allegations made by the applicant. 2. Whether the proper parties
are before the court. 3. Whether the applicant has established their case. 4. Whether the applicant
has satisfied the condition precedent to bringing an action before this court that is exhaustion of
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